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Attorney tries to limit publicity

The Wharton High coach accused of having sex with a student won't get a fair trial if the media attention continues, the defense says.

By CANDACE RONDEAUX
Published November 30, 2005

TAMPA - When former Wharton High School girls' basketball coach Jaymee Wallace was arrested on charges she had sex with a teenage female player, the media went wild.

Well-heeled and telegenic, Wallace seemed poised to become the next Debra Lafave. But Wallace's attorney has asked Hillsborough Circuit Judge Wayne Timmerman to ensure his client doesn't disappear amid the sort of limelight that was so intense in Lafave's case.

Last week, Tampa attorney Joe Bodiford filed a motion asking a judge to temporarily bar public access to court documents in months leading up to Wallace's trial early next year.

Bodiford could not be reached for comment Wednesday. But he wrote in the Nov. 23 motion that media scrutiny could make it as tough on his client as it was on Lafave, the former Greco Middle School teacher convicted of having sex with a teenage student.

"The news coverage and publicity in this case has already been pervasive and extraordinary," Bodiford wrote. "Ms. Wallace is concerned that continued exposure to the media of witness allegations and sensitive personal information that is not relevant to this case will prevent her from having a fair trial."

Hillsborough State Attorney's Office spokeswoman Pam Bondi said prosecutors were aware of Bodiford's court request, but she declined to comment.

On Oct. 31, authorities charged Wallace, 28, with one count of lewd and lascivious battery. Wallace, a former Wharton math teacher, pleaded not guilty to the second-degree felony. If a jury finds her guilty she could face up to 15 years in prison.

Earlier this month, the Hillsborough County School Board suspended Wallace without pay from her administrative position with the school district.

Bodiford wants a judge to review evidence and determine on a case by case basis what will be released to the public. Citing similarities with Lafave's and other high-profile cases in which Hillsborough judges had restricted access, he said evidence released in Wallace's case could prejudice a jury against his client.

Under Florida law, documents and evidence that are part of a court case and that have been seen by attorneys on both sides - called "discovery" in legal lingo - are generally considered public records. Although portions of such material may be redacted or sealed, media outlets routinely request and gain access to such records.

It's not the first time a lawyer has asked Timmerman to settle a thorny debate over public access to court documents in a sensational case.

Two weeks ago, he overruled objections from media lawyers and issued a controversial order barring access to hundreds of pages of witness statements in Lafave's case. The judge said then that he worried that the media hype surrounding Lafave could make it hard to select jurors. The victim's family subsequently agreed to a plea deal, and there was no trial.

No date has been set yet for a hearing on Bodiford's motion.

- Candace Rondeaux can be reached at 813 226-3337 or rondeaux@sptimes.com

[Last modified November 30, 2005, 18:22:01]